Facts:
Saroj Rani (petitioner) and Sudarshan Kumar (respondent) married in 1975. Saroj Rani filed petition under Section 9 of Hindu Marriage Act, 1955, for restitution of conjugal rights. Sudarshan Kumar contested, alleging Saroj Rani’s desertion leading to the current case.
Relevant Sections:
1. Hindu Marriage Act, 1955
- Section 9 (restitution of conjugal rights)
- Section 13(1)(i-b) (divorce on grounds of desertion)
Issues Raised:
1. Whether Saroj Rani entitled to restitution of conjugal rights?
2. Whether Sudarshan Kumar’s allegations of desertion justified?
3. Whether Section 9 applies to cases of desertion?
Judgment:
The Supreme Court held that Saroj Rani is entitled to restitution of conjugal rights. Sudarshan Kumar’s allegations of desertion unfounded and did not held any water, Therefore, section 9 does not apply here as it applies to cases where spouse withdraws from society without reasonable cause.
Citation:
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